CHAPTER Env-Sw 2000  INSPECTIONS

 

Statutory Authority:  RSA 149-M:7

 

Revision Note:

 

          Document #8459, effective 10-28-05, readopted with amendments, renumbered, and redesignated former Chapter Env-Wm 3700 as Env-Sw 2000, pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.  The Source notes for each section of Env-Sw 2000 identify the former subtitle Env-Wm and number for the respective rule prior to Document #8459.

 

PART Env-Sw 2001  APPLICABILITY

 

          Env-Sw 2001.01  Applicability.  All facilities, including permit-exempt facilities, shall be subject to the inspection provisions of this chapter.

 

Source.  #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 2000); ss by #8459, eff 10-28-05 (formerly Env-Wm 3701.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

 

PART Env-Sw 2002  INSPECTION PROCEDURES

 

          Env-Sw 2002.01  Right of Inspection.  In order to investigate either actual or suspected sources of potential harm to human health or the environment and to ascertain compliance or non-compliance with the solid waste rules, the department shall:

 

          (a)  Inspect any public or private property or premises as authorized by RSA 149-M:6, IV, including collection, storage, transfer, processing, treatment, and disposal facilities;

 

          (b)  Gather evidence on existing conditions and procedures;

 

          (c)  Obtain representative samples of containers, materials, and wastes;

 

          (d)  Conduct tests, analyses, and evaluations;

 

          (e)  Photograph containers, tanks, labels, processes, or conditions related to waste collection, storage, transfer, processing, treatment, and disposal;

 

          (f)  Inspect or be provided copies of, or both, any pertinent records, reports of information, and test results relating to the requirements of the solid waste rules upon request; and

 

          (g)  Obtain any other information as authorized by law.

 

Source.  #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 2000); ss by #8459, eff 10-28-05 (formerly Env-Wm 3702.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

 

          Env-Sw 2002.02  Credential Presentation.  In conducting an inspection of a facility, department personnel shall, subject to privileges provided for by law, present their identification to, in order of preference, the owner or operator or their representative or to the senior company representative present, if any.

 

Source.  #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 2000); ss by #8459, eff 10-28-05 (formerly Env-Wm 3702.02); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

 

          Env-Sw 2002.03  Inspection Reports.  Upon conducting an inspection of a facility, the department shall, subject to RSA 91-A:

 

          (a)  Make a written report listing the conditions found during the inspection;

 

          (b)  Keep the report on file at the department; and

 

          (c)  Provide a copy of the report to the owner or operator or their agent, if requested.

 

Source.  #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 2000); ss by #8459, eff 10-28-05 (formerly Env-Wm 3702.03); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

 

 

Appendix

 

Rule Sections

State Statute(s) Implemented

 

 

Env-Sw 2000

RSA 149-M:6, I and IV; RSA 149-M:7, XV